Legislative Assembly for The s6

LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY

2012–2013–2014–2015

MINUTES OF PROCEEDINGS

No. 112

TUESDAY, 15 SEPTEMBER 2015

1 The Assembly met at 10 a.m., pursuant to adjournment. The Speaker (Mrs Dunne) took the Chair and made a formal recognition that the Assembly was meeting on the lands of the traditional custodians. The Speaker asked Members to stand in silence and pray or reflect on their responsibilities to the people of the Australian Capital Territory.

2 PETITIONS—MINISTERIAL RESPONSES The Clerk announced that the following responses to petitions had been lodged by Mr Barr (Chief Minister): Response to petition No. 6-15, dated 10 September 2015, lodged by Mr Doszpot on 2 June 2015 concerning Telopea Park School, Block 5 Section 36 Division of Forrest. Response to petition No. 8-15, dated 2 September 2015, lodged by Mr Doszpot on 3 June 2015, concerning the Campbell service station site.

3 ABSENCE OF CLERK The Speaker informed the Assembly that, due to the absence of the Clerk on leave, the Deputy Clerk will act as Clerk for the duration of the Clerk’s leave.

4 LEAVE OF ABSENCE TO MEMBER Mr Smyth moved—That leave of absence be granted to Mrs Jones for this sitting for family reasons. Question—put and passed.

www.parliament.act.gov.au/minutes 236 No. 112—15 September 2015

5 PLANNING, ENVIRONMENT AND TERRITORY AND MUNICIPAL SERVICES—STANDING COMMITTEE—STUDENT CABINET, PARLIAMENT OF YOUTH ON SUSTAINABILITY—STATEMENT BY CHAIR—PAPER Ms Fitzharris (Chair), pursuant to standing order 246A, informed the Assembly that the Standing Committee on Planning, Environment and Territory and Municipal Services had hosted a meeting with members of the Student Cabinet and their advisers to discuss proposals arising from the Parliament of Youth on Sustainability, held at the Australian National University in June. Paper: Ms Fitzharris, by leave, presented the following paper: Parliament of Youth on Sustainability—Action for Our Future—White Paper—What is one action for our future we should take to tackle climate change?, dated June 2015.

6 PLANNING, ENVIRONMENT AND TERRITORY AND MUNICIPAL SERVICES—STANDING COMMITTEE—CONSIDERATION OF STATUTORY APPOINTMENTS—STATEMENT BY CHAIR—PAPER Ms Fitzharris (Chair), pursuant to standing order 246A and Continuing Resolution 5A, made a statement concerning consideration of statutory appointments by the Standing Committee on Planning, Environment and Territory and Municipal Services. Paper: Ms Fitzharris, pursuant to Continuing Resolution 5A, presented the following paper: Planning, Environment and Territory and Municipal Services—Standing Committee —Schedule of Statutory Appointments—8th Assembly—Period 1 January to 30 June 2015.

7 VOCATIONAL EDUCATION AND TRAINING FOR SECONDARY STUDENTS IN A.C.T. PUBLIC SCHOOLS—MINISTERIAL STATEMENT— PAPER—PAPER NOTED Ms Burch (Minister for Education and Training) presented the following paper: Vocational education and training for secondary students in ACT public schools— Ministerial statement, 15 September 2015— and moved—That the Assembly take note of the paper. Debate ensued. Question—put and passed.

8 REFUGEES AND ASYLUM SEEKERS—A.C.T. RESPONSE—MINISTERIAL STATEMENT—PAPER—PAPER NOTED Ms Berry (Minister for Multicultural Affairs) presented the following paper: ACT response to refugees and asylum seekers—Ministerial statement, 15 September 2015— and moved—That the Assembly take note of the paper. Debate ensued. Question—put and passed. No. 112—15 September 2015 237

9 RED TAPE REDUCTION LEGISLATION AMENDMENT BILL 2015 The order of the day having been read for the resumption of the debate on the question —That this Bill be agreed to in principle— Debate resumed. Question—That this Bill be agreed to in principle—put and passed.

Detail Stage Bill, by leave, taken as a whole— On the motion of Mr Barr (Chief Minister), pursuant to standing order 182A(b), by leave, his amendments Nos. 1 to 5 (see Schedule 1) were made together. Paper: Mr Barr presented a supplementary explanatory statement to the Government amendments. Bill, as a whole, as amended, agreed to.

Question—That this Bill, as amended, be agreed to—put and passed.

10 FINANCIAL MANAGEMENT AMENDMENT BILL 2015 The order of the day having been read for the resumption of the debate on the question —That this Bill be agreed to in principle— Debate resumed. Question—That this Bill be agreed to in principle—put and passed. Leave granted to dispense with the detail stage. Question—That this Bill be agreed to—put and passed.

11 ASSEMBLY DELEGATION TO TAIWAN—STATEMENT BY SPEAKER— PAPER—STATEMENTS BY MEMBERS The Speaker made a statement about a recent visit to Taiwan and presented the following paper: Assembly Delegation to Taiwan—17-23 August 2015—Delegation report. Dr Bourke and Mr Wall, by leave, also made statements in relation to the paper.

12 QUESTIONS Questions without notice were asked.

13 PRESENTATION OF PAPERS The Speaker presented the following papers: Acting Speaker—Instrument of Appointment, pursuant to standing order 6A— Assistant Speaker Lawder (9 September 2015), dated 7 September 2015. Standing order 191—Amendments to the Road Transport Legislation Amendment Bill 2015, dated 17 August 2015. 238 No. 112—15 September 2015

Government Agencies (Campaign Advertising) Act, pursuant to subsection 20(2)— Independent Reviewer—Report for the period 1 January to 30 June 2015, dated 24 August 2015, prepared by Professor Dennis Pearce.

14 PRESENTATION OF PAPERS Mr Barr (Chief Minister) presented the following papers: Public Sector Management Act, pursuant to sections 31A and 79—Copies of executive contracts or instruments— Long-term contracts: Anita Hargreaves, dated 26 August 2015. Clint Peters, dated 5 August 2015. David Collett, dated 28 August 2015. David Dawes, dated 25 August 2015. Emily Springett, dated 5 August 2015. Jacinta Evans, dated 14 August 2015. Kirsten Thompson, dated 17 August 2015. Mark Collis, dated 28 August 2015. Short-term contracts: David Jones, dated 7 and 12 August 2015. David Morgan, dated 26 August 2015. Gary Wright, dated 19 August 2015. Grant Kennealy, dated 17 and 19 August 2015. Kaaren Blom, dated 3 and 5 August 2015. Leanne Wright, dated 11 and 12 August 2015. Leesha Pitt, dated 27 and 28 August 2015. Philip Canham, dated 21 and 25 August 2015. Rhonda Maher, dated 24 and 26 August 2015. Richard Baumgart, dated 21 and 25 August 2015. Samantha Tyler, dated 7 and 12 August 2015. Contract variations: Austin Kenney, dated 24 and 26 August 2015. Benjamin Ponton, dated 13 and 14 August 2015. Christine Murray, dated 31 July and 5 August 2015. Christopher Reynolds, dated 30 June and 12 August 2015. Elizabeth Lopa, dated 24 and 26 August 2015. Gordon Elliot, dated 20 and 25 August 2015. Helen Pappas, dated 21 and 26 August 2015. John Wynants, dated 19 and 25 August 2015. No. 112—15 September 2015 239

Michael Trushell, dated 21 and 25 August 2015. Nicholas Holt, dated 11 and 26 August 2015. Paul Lewis, dated 10 and 17 August 2015. Paul Peters, dated 24 and 26 August 2015. Phillip Perram, dated 25 and 26 August 2015. Yu-Lan Chan, dated 17 August 2015.

15 AUDITOR-GENERAL’S ACT—AUDITOR-GENERAL’S REPORT NO. 6/2015— BULK WATER ALLIANCE—GOVERNMENT RESPONSE—PAPER AND STATEMENT BY MINISTER Mr Barr (Treasurer) presented the following paper: Auditor-General’s Act, pursuant to subsection 17(6)—Auditor-General’s Report No. 6/2015—Bulk Water Alliance—Government response— and, by leave, made a statement in relation to the paper.

16 AUDITOR-GENERAL’S ACT—AUDITOR-GENERAL’S REPORT NO. 7/2015— SALE OF ACTTAB—GOVERNMENT RESPONSE—PAPER AND STATEMENT BY MINISTER Mr Barr (Treasurer) presented the following paper: Auditor-General’s Act, pursuant to subsection 17(6)—Auditor-General’s Report No. 7/2015—Sale of ACTTAB—Government response— and, by leave, made a statement in relation to the paper.

17 PRESENTATION OF PAPER Mr Corbell (Minister for Health) presented the following paper: Gene Technology Act, pursuant to subsection 136A(3)—Operations of the Gene Technology Regulator—Quarterly report—1 January to 31 March 2015, dated 10 June 2015.

18 AP2: A NEW CLIMATE CHANGE STRATEGY AND ACTION PLAN FOR THE AUSTRALIAN CAPITAL TERRITORY—IMPLEMENTATION STATUS REPORT—PAPER AND STATEMENT BY MINISTER Mr Corbell (Minister for the Environment) presented the following paper: AP2: A new climate change strategy and action plan for the Australian Capital Territory—Implementation status report, prepared by the Office of the Commissioner for Sustainability and the Environment—Government response— and, by leave, made a statement in relation to the paper.

19 PRESENTATION OF PAPERS Ms Burch (Manager of Government Business) presented the following papers: Subordinate legislation (including explanatory statements unless otherwise stated) Legislation Act, pursuant to section 64— 240 No. 112—15 September 2015

Cemeteries and Crematoria Act and Financial Management Act—Cemeteries and Crematoria (ACT Public Cemeteries Authority Governing Board) Appointment 2015 (No. 2)—Disallowable Instrument DI2015-231 (LR, 17 August 2015). Children and Young People Act—Children and Young People (Death Review Committee) Deputy Chair Appointment 2015 (No. 1)—Disallowable Instrument DI2015-232 (LR, 17 August 2015). Civil Law (Wrongs) Act—Civil Law (Wrongs) Institute of Chartered Accountants in Australia Professional Standards Scheme Amendment 2015 (No. 1)—Disallowable Instrument DI2015-240 (LR, 24 August 2015). Domestic Violence Agencies Act— Domestic Violence Agencies (Council) Appointment 2015 (No. 1)—Disallowable Instrument DI2015-228 (LR, 10 August 2015). Domestic Violence Agencies (Council) Appointment 2015 (No. 2)—Disallowable Instrument DI2015-229 (LR, 10 August 2015). Electricity Feed-in (Large-scale Renewable Energy Generation) Act—Electricity Feed-in (Large-scale Renewable Energy Generation) FiT Capacity Release Determination 2015 (No. 1)—Disallowable Instrument DI2015-227 (LR, 10 August 2015). Environment Protection Act—Environment Protection Amendment Regulation 2015 (No. 1)—Subordinate Law SL2015-28 (LR, 31 August 2015). Financial Management Act—Financial Management Investment Guidelines 2015— Disallowable Instrument DI2015-238 (LR, 24 August 2015). First Home Owner Grant Act—First Home Owner Grant (Amount) Determination 2015 (No. 1)—Disallowable Instrument DI2015-247 (LR, 31 August 2015). Gambling and Racing Control Act and Gaming Machine Act—Gaming Legislation Amendment Regulation 2015 (No. 1), including a regulatory impact statement— Subordinate Law SL2015-27 (LR, 24 August 2015). Gaming Machine Act—Gaming Machine (Fees) Determination 2015 (No. 2)— Disallowable Instrument DI2015-246 (LR, 27 August 2015). Land Rent Act— Land Rent (Total income of lessee—post-1 October 2013 leases) Determination 2015 (No. 1)—Disallowable Instrument DI2015-223 (LR, 13 August 2015). Land Rent (Total income of lessee—pre-1 October 2013 leases) Determination 2015 (No. 1)—Disallowable Instrument DI2015-224 (LR, 13 August 2015). Lands Acquisition Act—Lands Acquisition (Reconsideration of pre-acquisition declaration—Block 4 Section 33 Division of Dickson) Confirmation 2015— Disallowable Instrument DI2015-248 (LR, 31 August 2015). Legislative Assembly (Members’ Staff) Act— Legislative Assembly (Members’ Staff) Members’ Salary Cap Determination 2015 (No. 2)—Disallowable Instrument DI2015-242 (LR, 27 August 2015). Legislative Assembly (Members’ Staff) Speaker’s Salary Cap Determination 2015 (No. 2)—Disallowable Instrument DI2015-241 (LR, 27 August 2015). No. 112—15 September 2015 241

Official Visitor Act— Official Visitor (Children and Young People Services) Visit and Complaint Guidelines 2015 (No. 2)—Disallowable Instrument DI2015-244 (LR, 27 August 2015). Official Visitor (Children and Young People) Appointment 2015 (No. 2)— Disallowable Instrument DI2015-249 (LR, 31 August 2015). Public Place Names Act—Public Place Names (Moncrieff) Determination 2015 (No. 6)—Disallowable Instrument DI2015-233 (LR, 17 August 2015). Race and Sports Bookmaking Act— Race and Sports Bookmaking (Rules for Sports Bookmaking) Determination 2015 (No. 3)—Disallowable Instrument DI2015-236 (LR, 17 August 2015). Race and Sports Bookmaking (Sports Bookmaking Venues) Determination 2015 (No. 3)—Disallowable Instrument DI2015-237 (LR, 17 August 2015). Race and Sports Bookmaking (Sports Bookmaking Venues) Determination 2015 (No. 4)—Disallowable Instrument DI2015-235 (LR, 17 August 2015). Race and Sports Bookmaking (Sports Bookmaking Venues) Determination 2015 (No. 5)—Disallowable Instrument DI2015-234 (LR, 17 August 2015). Rates Act—Rates (Deferral) Determination 2015 (No. 1)—Disallowable Instrument DI2015-225 (LR, 13 August 2015). Road Transport (General) Act— Road Transport (General) (Pay Parking Area Fees) Determination 2015 (No. 2)— Disallowable Instrument DI2015-250 (LR, 31 August 2015). Road Transport (General) Application of Road Transport Legislation Declaration 2015 (No. 5)—Disallowable Instrument DI2015-222 (LR, 6 August 2015). Road Transport (General) Application of Road Transport Legislation Declaration 2015 (No. 6)—Disallowable Instrument DI2015-243 (LR, 27 August 2015). Road Transport (Safety and Traffic Management) Act—Road Transport (Safety and Traffic Management) Amendment Regulation 2015 (No. 1)—Subordinate Law SL2015-29 (LR, 28 August 2015). Taxation Administration Act— Taxation Administration (Amounts Payable—Over 60s Home Bonus Scheme) Determination 2015 (No. 3)—Disallowable Instrument DI2015-226 (LR, 13 August 2015). Taxation Administration (Amounts Payable—Pensioner Duty Concession Scheme) Determination 2015 (No. 3)—Disallowable Instrument DI2015-230 (LR, 13 August 2015). Territory Superannuation Provision Protection Act—Superannuation Management Guidelines 2015—Disallowable Instrument DI2015-239 (LR, 24 August 2015). University of Canberra Act— University of Canberra (Academic Progress) Statute 2015—Disallowable Instrument DI2015-261 (LR, 14 September 2015). University of Canberra (Liquor) Statute 2015—Disallowable Instrument DI2015-259 (LR, 14 September 2015). 242 No. 112—15 September 2015

University of Canberra (Obligations) Statute 2015—Disallowable Instrument DI2015-260 (LR, 14 September 2015). University of Canberra (Parking and Traffic) Statute 2015—Disallowable Instrument DI2015-262 (LR, 14 September 2015). University of Canberra (Student Conduct) Statute 2015—Disallowable Instrument DI2015-258 (LR, 14 September 2015).

20 MATTER OF PUBLIC IMPORTANCE—DISCUSSION—URBAN RENEWAL IN CIVIC AND TOWN CENTRES The Assembly was informed that Dr Bourke, Mr Coe, Mr Doszpot, Ms Fitzharris, Mr Hanson (Leader of the Opposition), Ms Lawder, Ms Porter, Mr Smyth and Mr Wall had proposed that matters of public importance be submitted to the Assembly for discussion. In accordance with the provisions of standing order 79, the Speaker had determined that the matter proposed by Mr Coe be submitted to the Assembly, namely, “The importance of urban renewal in Civic and the town centres”. Discussion ensued. The time for discussion having expired— Discussion concluded.

21 JUSTICE AND COMMUNITY SAFETY—STANDING COMMITTEE (LEGISLATIVE SCRUTINY ROLE)—SCRUTINY REPORT 36— STATEMENT BY CHAIR Mr Doszpot (Chair) presented the following report: Justice and Community Safety—Standing Committee (Legislative Scrutiny Role)— Scrutiny Report 36, dated 15 September 2015, together with the relevant minutes of proceedings— and, by leave, made a statement in relation to the report.

22 ADJOURNMENT Mr Gentleman (Minister for Planning) moved—That the Assembly do now adjourn. Debate ensued. Question—put and passed. And then the Assembly, at 4.44 p.m., adjourned until tomorrow at 10 a.m.

MEMBERS’ ATTENDANCE: All Members were present at some time during the sitting, except Mrs Jones*.

*on leave

M M KIERMAIER Acting Clerk of the Legislative Assembly No. 112—15 September 2015 243

SCHEDULE OF AMENDMENTS

Schedule 1

RED TAPE REDUCTION LEGISLATION AMENDMENT BILL 2015 Amendments circulated by the Chief Minister

1 Schedule 1, part 1.30 Amendment 1.92 Page 31, line 14— omit amendment 1.92, substitute

[1.92] Section 13 (2) omit everything before paragraph (a), substitute (2) The applicant must give public notice of the application, stating that —

2 Schedule 1, part 1.30 Proposed new amendment 1.92A Page 31, line 20— insert

[1.92A] Section 13 (2) (a) omit advertisement substitute public notice

3 Schedule 1, part 1.30 Proposed new amendment 1.92B Page 31, line 20— insert

[1.92B] Section 13 (2), notes substitute Note 1 Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). Note 2 If a form is approved under the Control Act, s 53D for a public notice, the form must be used. 244 No. 112—15 September 2015

4 Schedule 1, part 1.30 Amendment 1.93 Page 32, line 1— omit the heading, substitute

[1.93] Section 13 (3) (b)

5 Schedule 1, part 1.30 Amendment 1.94 Page 32, line 6— omit the heading, substitute

[1.94] Section 13 (4) (a)